Smith v Marrable (1843) 11 M & W 5

In this case a premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises was unfit to live in as it was infested with bugs and then left soon after. The landlord sued for his rent.

Held: There is a common law exception to the rule that there will be no implied condition that premises should be fit for habitation at the start of the tenancy. Such a covenant will be implied.

Parke B stated that: "if the demised premises are encumbered with a nuisance of so serious a nature that no person can reasonably be expected to live in them." then the premises were unfit for human habitation.

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